We have reached a tentative settlement agreement with the Government on terms we believe are favorable for all English Monitor Analyst plaintiffs (EMAs).  The settlement provides for back pay and additional damages for overtime, compensatory time and travel compensatory time earned. The period of time covered by the settlement is 3 years before a claim was filed in court up through the date plaintiffs were reclassified as covered by the FLSA.

The settlement is subject to approval by the Department of Justice. In our experience, tentative settlements are typically approved.

EMAs who missed the opt-in deadline for the original FLSA case for EMAs can still file a claim in a new case. Please fill out and sign the Employee Consent to Be a Claimant and Retainer Agreement (.pdf) and either scan and email them to chouse [at] bernsteinlipsett.com; fax them to 202-496-0555; or mail them to: Bernstein & Lipsett, P.C., 1130 Connecticut Avenue, N.W., Suite 950, Washington, D.C. 20036. 


Back pay and liquidated damages will be based on the agency’s records of the overtime each plaintiff worked as well as compensatory time and travel compensatory time earned.

BACK PAY FOR OVERTIME – Back pay will be calculated starting 3 years before a plaintiff’s consent form was filed in Court and end the date a plaintiff was converted to FLSA non-exempt or the date a plaintiff left the agency, whichever is earlier.  EMA plaintiffs will receive the difference between what they should have earned in overtime at time and a half their FLSA regular rate and what they were paid for overtime at their hourly rate.

BACK PAY FOR COMPENSATORY TIME – EMA plaintiffs will receive an additional half hour of pay for each hour of compensatory time they earned.

BACK PAY FOR COMPENSATORY TRAVEL TIME – The parties will determine how many compensatory travel hours each plaintiff earned are compensable overtime under the FLSA regulation governing travel time, 5 C.F.R. 551.422, by examining time and attendance reports to determine when hours were earned.  Travel occurring on a regular day off during a plaintiff’s normal tour of duty hours will be treated as eligible for back pay.  For every hour of compensatory travel hour determined to be eligible for back pay under the regulation, a plaintiff will receive an additional half hour of pay.

LIQUIDATED DAMAGES – In addition to back pay, every EMA plaintiff will receive an additional 100% of their back pay due in so-called “liquidated damages.”  For example, if you are owed $1,000 in back pay, you will receive an additional $1000 in liquidated damages, for a total of $2,000.

The names of EMAs who participate in the case are sealed and hidden from public view.

If you have any questions about participating in our cases, please contact Linda Lipsett at (202) 296-1798, or her assistant, Charlotte House, at chouse@bernsteinlipsett.com.